Mclean, VA asked in Family Law for Virginia

Q: boyfriend and I stay together for 2 years we have a baby together and I want to break up whats the law?i live in VA

I want to know if I can get half of what ever he has plus how much my child support would be if we separate after 2 years and we have a 4months old baby, I never work with the baby I'm not planing to do it either

Related Topics:
1 Lawyer Answer
Thomas H. Roberts Esq
Thomas H. Roberts Esq
Answered
  • Richmond, VA
  • Licensed in Virginia

A: The parties are free to separate---there is no marital property to divide, there is no spousal support. If the parents do not agree on physical custody of the infant, a court will make that determination upon a petition. There is no guarantee that the mother will be awarded physical custody of the infant. The court's decision is based upon a number of factors, which is boiled down to the "best interests" of the child. Again, if the parents do not agree, the court will decide based upon guidelines how much child support will be paid if a petition for child support is filed. "Child support" is intended to support the child and not the child's parent. The court should impute income to the parent who fails to seek employment for purposes of computing child support.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.